While indicating it did not want to confront the judiciary over the the Supreme Court stay on implementation of 27% reservation for OBCs in higher education institutions, the UPA government today made clear it would take “all appropriate steps” to implement quota from this academic session itself.
The Government’s decision to approach the Supreme Court and get the stay vacated was endorsed by partners, especially the DMK, RJD and LJP, and the Left allies at a meeting today. Sources said there was unanimity among parties on implementing quota from this year itself.
The Left parties felt there was no need for fresh enumeration of OBCs in the country as most states did have OBC lists and admissions to education institutions in the states were being done on the basis of these lists.
Prime Minister Manmohan Singh is likely to hold meetings with other parties to build greater political consensus on the issue. After the meeting, a release issued by the Prime Minister’s Office stated: “Government will take all appropriate steps to ensure that the reservation for OBCs to the extent of 27 per cent becomes operational from this academic session”.
At the meeting, it was decided that the Government will first move the Supreme Court, state legal grounds for seeking vacation of the stay and, at the same time, underline that Parliament’s legislation needs to be implemented. The Government may also possibly ask that the matter be referred to a larger Constitutional Bench.
The Government’s line of argument, sources said, would be drawn from the landmark ruling in the Indra Sawhney case of 1992. Relying heavily on the judgment of the nine-judge Bench, the Centre’s application will ask for vacation of stay to deal with the immediate crisis on hand.
... contd.